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(영문) 대전고등법원 2019.10.24 2019나13818
퇴학처분무효확인청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if each evidence submitted to the court of first instance is presented to this court, it is correct to recognize and determine the facts in the court of first instance.

Therefore, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, because it is identical to the reasoning of the first instance judgment, except as follows.

7 See 12 pages 12 following the “non-existent”:

Public funds were stored in the Plaintiff’s account and stored in combination with the personal money.

Even if a failure to keep a receipt is an act inappropriate as an employer of public funds, it cannot be deemed unlawful merely by itself, and it cannot be found that the defendant does not clearly state what is the "other school regulations regulations regulations or school regulations" that the plaintiff violated, and the provisions of school regulations that impose an obligation not to do such act on the plaintiff cannot be found (Article 25 (3) of the Rules on Students (No. 18 of the Rules on Students) shall be submitted to the general accounting department in the case of receiving support from the school, but no circumstance exists that the plaintiff received support from the school) as a result of the 9th 10th 10th 10th 10th 10th 10th 10th 10th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 10th 10th 2nd 2nd 10th 2nd 2nd 2nd 2nd 2nd 2nd 3rd 2nd 2nd 3th 2nd 3th 2nd.

In conclusion, the judgment of the first instance is justifiable.

The defendant's appeal is dismissed.

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